INFORMATION ABOUT COMPUTER LAW

The questions and answers that follow discuss some of the current issues involving Computer Law Questions.

We hope that the questions and answers presented here will assist you in familiarizing yourself with Computer Law issues and terms. While the material below attempts to answer common questions in this area, State and local laws may significantly modify the facts set forth. Because all legal problems are unique, nothing provided here is a substitute for the advice of competent counsel. We strongly urge you to consult with an attorney licensed to practice in your state about any particular legal problem you may have.

IS MY E-MAIL PRIVATE?

If you are using your employer's e-mail system, your messages are probably not private. According to the Privacy Rights Clearinghouse, "the employer owns the e-mail system and is allowed to review its contents." Messages sent within your company as well as those sent from your terminal to another company or from another company to you are subject to monitoring by your employer. According to a recent survey, U.S. companies looking at employee e-mail has risen from 35% to 45% since 1997. If you add to that video surveillance, eavesdropping on phone calls, and other electronic monitoring, 67% of U.S. companies are "snooping" on their employees.

Several companies have developed software designed for both the employer to monitor employee e-mail use (W3Thermo and Smartfilter), and the employee to remain anonymous while online (Freedom, Hushmail.com and Anonymizer.com). However, even though people naturally assume that their constitutional right to privacy is carried into the workplace with them, courts have consistently ruled that office e-mail, like other office equipment, belongs to the employer.

Internet e-mail is even less secure since e-mail messages sent via the Internet travel over many routes and through many computers before being delivered. This allows hackers sufficient time and opportunity to intercept and read your messages. Further, many Internet providers reserve the right to inspect your e-mail messages without notifying you. Once your e-mail arrives, the person with whom you are corresponding may not have secure e-mail, so your privacy may be compromised there. You also need to remember that simply deleting the e-mail from your computer does not destroy all traces of it, especially at companies or government organizations with comprehensive backup programs. So don't expect your e-mail work communications to be private, because they are not!

If privacy is a major concern, you should read your provider's Consent Agreement carefully before you sign any contract with an on-line service.

DOES MY IDENTITY REMAIN ANONYMOUS WHEN I'M "SURFING THE WEB"?

No. Web site administrators can gather a surprising amount of information about who you are and where you're from, just by scanning the identifying information on the data packets that arrive from your computer. Also, some companies have software that keeps a log of every site you access from work. Finally, anyone with access to your hard disk can see where you've been Web surfing, simply by looking through special files that are on your hard disk.

WHAT IS COMPUTER CRIME?

Common criminal activities such as fraud and embezzlement are illegal whether or not a computer is utilized. The question of what other conduct involving a computer will be classified as a crime versus non-criminal activity is still evolving.

State and federal legislation seem to categorize the following types of activity as computer crime:

· unauthorized use of computer processing services

· unauthorized computer access

· unauthorized acts that prevent others from accessing a computer

· unauthorized use of a computer or computer services

· unauthorized tampering, destruction or modification of data

The key in all of these activities is unauthorized access in the use of a computer. You should seek legal advice if you have any question as to whether what you are doing is legal or not. The law relating to crimes involving computers and abuse of computer systems is developing and changing on an almost daily basis.

IS IT SAFE TO PURCHASE GOODS OVER THE INTERNET?

You should take the following steps when purchasing goods over the Internet: buy from a company you know, pay with a credit card over a secure connection, and research the company thoroughly before you buy. If you purchase something "cheap" because it seems like a great deal, you're probably taking a risk.

According to the National Fraud Information Center and Internet Fraud Watch Programs at the National Consumers League, there are two problems with purchasing goods over the Internet. First, if you have a problem with what you purchased, you're probably dealing with someone far away, making it almost impossible to find the culprit, and secondly, you might be put on a "suckers list" and be exposed to solicitations for big-ticket swindles.

If you don't receive the goods ordered, report the scammer to www.fraud.org or call Internet Fraud Watch at 800-876-7060.

Additionally, the FTC is cracking down on vendors who promise cash or merchandise rebates and delay or never send the rebate. If you're frustrated with waiting for late rebate checks or goods, follow this four-step approach:

· send a polite but strongly worded letter to the company, including copies of all relevant paperwork such as receipts, rebate forms, etc.;

· give the company a reasonable amount of time to respond to your letter;

· if you receive no response, notify the FTC of the vendor's failure to send the promised rebate - an online complaint form can be found at FTC Complaint Form or you can send your letter and supporting documentation to the FTC office closest to you; and

· send copies of the letter to the consumer affairs department of the attorney general's office in your state and the state where the company is located.

DESSEN, MOSES & ROSSITTO is happy to assist you in any legal matter that involves either Pennsylvania or New Jersey, the two states in which our attorneys routinely practice. If you wish to contact us for more information concerning this field of law or any other in which we practice, please send us an E-mail message and we will be happy to try to assist you.

LINKS TO OTHER INTERESTING INFO

Center for Democracy and Technology
National Phone Directory on the Net
Net Traveller
Digital Doomsday Clock - tracks the status of free space in Cyberspace
FTC Complaint Form

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